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Brexit

Court rules British lawmakers must vote on Brexit

Kim Hjelmgaard, and Jane Onyanga-Omara
USA TODAY
Boats cruise along the Thames as the City of London's skyline is seen from the Tate Modern museum in London on Oct. 27, 2016.

LONDON — The British government can't trigger the process of leaving the European Union without approval from Parliament, the High Court ruled Thursday, dealing a blow to Prime Minister Theresa May and complicating the United Kingdom's exit negotiations.

The government said it was "disappointed" with the ruling and will appeal to the Supreme Court. A further hearing on the ruling is expected next month.

A majority of British voters backed an exit from the EU, known as Brexit, in a June 23 referendum. May, who became prime minister after the Brexit vote, argued she has the authority to invoke Article 50 of the Lisbon Treaty, the formal legislation that would start the withdrawal process.

The court ruling came from a lawsuit — brought by British businesswoman and philanthropist Gina Miller, plumber Charlie Mullins and hairdresser Deir Dos Santos — challenging May's right to trigger the process of leaving the 28-nation EU without parliamentary approval.

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"If you ever wanted to know how to pour gasoline on a populist fire, then this is a great example," Matthew Goodwin, a politics professor at the University of Kent, said about the ruling.

"To many (Brexit supporters) this will look like nothing short of a great betrayal, an attempt to undermine the sovereignty of the people," he said. "Members of Parliament might get a vote, (but) it would be political suicide for them to ignore the wishes of their constituents."

Thursday's ruling is unlikely to derail Brexit, and May had already vowed to confer with lawmakers on any new agreement with the EU, but it adds more uncertainty to the complex situation, especially since no other country has left the EU.

May has pledged to trigger Article 50 by the end of March, a move that would give the U.K. and EU two years to negotiate details of Britain's status outside the alliance. Such issues would include whether the U.K. retains its tariff-free trade with EU nations or accepts current rules on migration for EU nationals.

Brexit just got more complicated, uncertain and in legal limbo

May argued that the historic power of royal prerogative gives her authority to launch the Brexit process. A royal prerogative allows the prime minister to make decisions without consulting parliament and has been used to adopt international treaties, deploy troops and call for elections.

One possible fallout from the ruling, if upheld by the Supreme Court, is it raises the prospect of an early election, currently scheduled for May 2020, said Camilla Hagelund, an expert on Europe at the risk analysis firm Verisk Maplecroft. Even if that happens, she said May's ruling Conservative Party would likely increase its parliamentary majority over the opposition Labour Party.

Labour leader Jeremy Corbyn said he respected "the decision of the British people to leave" the EU, but he favored allowing lawmakers a say in Brexit negotiations.

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Following Thursday's ruling, the British pound surged against the dollar, euro and other major currencies. The pound has lost about 20% of its value against the dollar since the June vote amid concerns about what it will mean for the U.K.'s economy. Just minutes after the court decision, the pound leaped more than 1% vs. the dollar. It was also up against the euro.

U.K. Independence Party leader Nigel Farage, one of the architects and primary defenders of Brexit, said, "I now fear that every attempt will be made to block or delay the triggering of Article 50. If this is so, they have no idea of the level of public anger they will provoke."

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Hjelmgaard reported from Berlin.

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